Singapore legislation
Clause 22
Clause 22
Offences due to default of third person
(1)
A person against whom proceedings are brought for an offence under this Part or any subsidiary legislation made thereunder shall, upon information duly laid by him and on giving to the prosecutor not less than 7 clear days’ notice of his intention to avail himself of this subsection be entitled to have brought before the court in those proceedings any other person to whose act or default he alleges that the commission of the offence was due; and if, after the offence has been proved, the original defendant proves that the commission thereof was due to an act or default of that other person —
that other person may be convicted of the offence; and
if the original defendant further proves that he exercised all due diligence to avoid the commission of the offence by him or any person under his control, the original defendant shall be acquitted of the offence.
(2)
Where a defendant seeks to avail himself of subsection (1) —
the prosecutor, as well as the person whom the defendant charges with the offence, shall have the right to cross-examine the defendant, if he gives evidence, and any witness called by the defendant in support of his pleas, and to call rebutting evidence; and
the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party thereto.
(3)
Where it appears to any authority by or on behalf of whom proceedings of such an offence may be instituted that such an offence has been committed by some person, and that authority is reasonably satisfied that the offence was due to an act or default of some other person and that the first-mentioned person could establish a defence under subsection (1), that authority may take or authorise the taking of proceedings against that other person without first taking or authorising the taking of proceedings against the first-mentioned person; and in any such proceedings that other person may be charged with, and, on proof that the commission of the offence was due to his act or default, be convicted of, the offence with which the first-mentioned person might have been charged.
(4)
Where by virtue of subsection (3) a person is charged with an offence with which some other person might have been charged, the reference in section 21(7) to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.